Trading Secrets

APRIL 18, 2023

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale.

Invention 59

Invention Confidentiality Privacy Public Use 59

JD Supra Law

AUGUST 15, 2023

Section 102 of the Patent Act holds that an invention may not be patented if it was in public use before the effective filing date of the patented invention. The public use bar to patenting is triggered if the invention is both “in public use” and “ready for patenting.” By: Cooley LLP

Public Use 52

Public Use Invention Patent 52

LexBlog IP

APRIL 18, 2023

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale.

Invention 59

Invention Confidentiality Privacy Public Use 59

LexBlog IP

APRIL 18, 2023

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale.

Invention 52

Invention Confidentiality Privacy Public Use 52

LexBlog IP

FEBRUARY 21, 2023

9,186,208 on surgical devices for a procedure called endometrial ablation were anticipated under the public use bar of pre-AIA 35 U.S.C. § The Federal Circuit then pointed out that at the time of the public use, the technology was “ready for patenting.” § 102(b).

Invention 52

Invention Public Use Inventor Confidentiality 52

Patently-O

FEBRUARY 26, 2023

What is it that makes a use “public” for purposes of the public use bar? Does it matter whether the person doing the using is a member of the public, as opposed to the inventor? Or does it matter whether the use is itself in public, as opposed to taking place in secret behind closed doors?

Public Use 92

Public Use Inventor Invention Art 92

JD Supra Law

FEBRUARY 24, 2023

Addressing the public use bar of pre-America-Invents-Act (AIA) 35 U.S.C. § Minerva Surgical, Inc.

Public Use 55

Public Use Invention Art Patent 55

LexBlog IP

OCTOBER 3, 2022

The act also establishes the rights for businesses and nonprofits to patent and commercialize inventions developed within the scope of the funding agreement. In exchange for the funding agreement, contractors must disclose any invention conceived or reduced to practice under the funding agreement to the funding agency.

Contracts 52

Contracts Invention Licensing Government 52

IP Tech Blog

FEBRUARY 9, 2022

the Supreme Court held that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can create an on-sale bar under AIA §102(a). The issue at the heart of ALJ Cheney’s decision was whether the Leahy-Smith America Invents Act’s (AIA) amendments to the on-sale bar in 35 U.S.C.

Invention 57

Invention Confidentiality Public Use Patent 57

LexBlog IP

NOVEMBER 7, 2021

The United States Patent and Trademark Office (USPTO) grants patents to inventions every day. Important requirements must be met in order for an invention to be patented. Usefulness: This is a low bar to meet, fortunately. It doesn’t mean the invention has to provide some important use.

Patent 40

Patent Invention Patent Application Public Use 40

Patently-O

AUGUST 22, 2022

From their inception, the federal patent laws have embodied a careful balance between the need to promote innovation and the recognition that imitation and refinement through imitation are both necessary to invention itself and the very lifeblood of a competitive economy. ” Compco Corp. See Kewanee Oil Co. Bicron Corp. , 470 (1974).

Patent Law 91

Patent Law Law Patent Invention 91

LexBlog IP

FEBRUARY 9, 2022

the Supreme Court held that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can create an on-sale bar under AIA §102(a). In its 2018 decision in Helsinn Healthcare S.A. Teva Pharmaceuticals USA, Inc. , ” 35 U.S.C. § § 102(b) (pre-AIA).

Invention 52

Invention Confidentiality Inventor Public Use 52

Patently-O

JANUARY 17, 2022

Although Deepsouth was barred from using Laitram’s patented inventions throughout the United States , Deepsouth began selling its deveining machine to folks outside of the US in a partially constructed form. patent law. We know that U.S. patents are territorially limited. 271(f)(2). Deepsouth at 531.

Patent 122

Patent Invention Litigation Patent Law 122

Patently-O

MARCH 4, 2024

The “on-sale bar” was the statutory hook that prevented an inventor from commercially exploiting a secret invention for several years and then also obtaining a patent monopoly. But, the problem is that the statute expressly asks whether the invention was “on sale.” Chisum, Chisum on Patents § 6.02[5][b]

Patent 40

Patent Invention Inventor Patent Application 40

LexBlog IP

OCTOBER 24, 2022

However, if the Contractor fails to report any inventions to the contracting officer within two months of preparing the corresponding patent applications, the Contractor risks losing ownership of those inventions. The inventor of the invention and the corresponding contract number that the agreement was conceived under.

Intellectual Property 52

Intellectual Property Invention Contracts Patent Application 52

The IPKat

DECEMBER 24, 2022

This year a number of Board of Appeal decisions have highlighted both discrepancies between the current Guidelines and Boards of Appeal case law, and inconsistencies in the Guidelines themselves, for example on the novelty of purity inventions ( IPKat ), and interlocutory revision ( IPKat ). The girl shows the couple her invention.

Invention 76

Invention Inventor Patent Publishing 76

Patently-O

AUGUST 13, 2021

The 1836 Patent Act added the caveat that no patent should issue on an invention previously “described in any printed publication.” A new petition asks the court to examine the phrase again and help define when a document crosses the publication threshold. 102(a)(1).

Confidentiality 92

Confidentiality Advertising Advertising Invention 92

Larson & Larson

FEBRUARY 13, 2021

It’s the legal term for ‘thing that is exactly like my thing that was in the public before I made my thing.’ The term covers anything that was sold in public, used publicly, described in a magazine or similar publication, or already has a patent on file with the patent office.

Art 52

Art Patent Invention Patent Application 52

Garrigues Blog

JANUARY 12, 2022

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. All of us at the Garrigues IP Blog would like to wish you a very happy new year. What is the right of prior use or “pre-use”?

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

Biswajit Sarkar Copyright Blog

OCTOBER 22, 2021

They are as follows: The invention is wrongfully obtained. Publication of invention before the priority date. Prior claiming of invention in other specification. Invention is publicly known or publicly used in India. Invention is obvious and lacks any inventive step.

Patent 52

Patent Invention Patent Prosecution Patent Application 52

The IPKat

MAY 15, 2023

The Opponent submitted evidence of alleged prior use in the form of the insulin injection pen ( GensuPen ). The Opponent argued that the claimed invention lacked novelty in view of the prior use of the GensuPen ( Article 54(2) EPC ). The Opposition Division (OD) found that the alleged prior use was not sufficiently proven.

Confidentiality 131

Confidentiality Law Public Use Invention 131

Intepat

JANUARY 17, 2023

A patent specification is a disclosure to the public at large regarding the invention as well as the scope of protection that would be granted to the invention. It provides an opportunity for the applicant to provide information regarding the invention in order to be entitled to claim protection. Complete Specification.

Invention 52

Invention Patent Public Domain Inventor 52

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 5, 2022

Post-grant review was introduced by the America Invents Act (AIA) as a counterpart to inter partes review. Unlike inter partes reexamination, post-grant review can be sought based on any grounds that can be used to challenge the validity of a patent claim (with the exception of failure to disclose the best mode).

Litigation 52

Litigation Settlement Patent Public Use 52

The IPKat

DECEMBER 22, 2023

Another source of confusion is the divergent approaches of the UK courts and the EPO with respect to the test for the evidence standard in sufficiency and inventive step analysis. Plausibility demystified - a review of EPO case law before G 2/21 G 2/21: Is the technical effect embodied by the invention as originally disclosed?

Invention 110

Invention Inventor Patent Law 110

Patently-O

FEBRUARY 6, 2023

Here, the Federal Circuit has affirmed that the claims are invalid based upon a pre-filing trade-show display of the ornamental plant — holding that the display counted as a “public use.” ” The inventors here used conventional plant breeding to create a new form of petunia (Calibrachoa). Microsoft Corp.,

Public Use 75

Public Use Invention Inventor Confidentiality 75

The IP Law Blog

FEBRUARY 16, 2023

This month the Federal Circuit decided a case involving whether the display of a flowering plant constitutes an invalidating prior public use. A patent applicant is not entitled to a patent when the claimed invention was “in public use… more than one year prior to the date of the application for patent in the United States.”

Public Use 98

Public Use Patent Invention Confidentiality 98

LexBlog IP

FEBRUARY 16, 2023

This month the Federal Circuit decided a case involving whether the display of a flowering plant constitutes an invalidating prior public use. ” A patent applicant is not entitled to a patent when the claimed invention was “in public use. But in that prior case, Delano Farms Co. § 161.

Public Use 52

Public Use Patent Invention Confidentiality 52

Patently-O

JANUARY 21, 2023

How should the USPTO facilitate an applicant’s submission of prior art that is not accessible in the Patents End-to-End Search system ( e.g., “on sale” or prior public use)? adopt a unity of invention requirement in place of the restriction requirement? Specifically, should the USPTO: a.

Patent 95

Patent Invention Patent Prosecution Art 95

Patently-O

SEPTEMBER 9, 2021

Although the PTAB instituted the IPR, it eventually sided with the patentee in holding that the prior printed publication wasn’t enough render the invention obvious. In the district court litigation, ELCO is seeking to use the single product to show each element. ” 35 U.S.C.

Invention 78

Invention Art Litigation Public Use 78

Kashishipr

NOVEMBER 10, 2021

The concept of compulsory licensing can be said to have arisen out of the obligation within the Statute of Monopolies of 1623, which provided for the provision of utilizing a patented invention to be applied locally. Non-Working of Patent and Inadequate Supply : It may be understood as a failure to make industrial use of the said invention.

Licensing 105

Licensing Invention Intellectual Property Marketing 105

LexBlog IP

JANUARY 5, 2022

And, it goes like this–the relevant concept in the United States is that a person shall “ no[t] be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” Wright , 94 U.S. ”); James v. Campbell , 104 U.S. 2d 480 (Fed.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

SpicyIP

AUGUST 15, 2021

The next argument raised by the defendant was a challenge based on Section 64(1)(a) as per which a patent can be revoked where the invention has been claimed in a patent of an earlier priority date. Anticipation by Prior Publication and Lack of Novelty. Balance of Convenience, Irreparable Harm, and Public Interest.

Invention 52

Invention Patent Publishing Patent Infringement 52

LexBlog IP

FEBRUARY 14, 2023

Utility patents are for functional inventions. Because of this, a popular use of design patents is to protect the outside of common consumer products. Design patents protect the look of something functional, regardless of whether the functional aspects are new. What’s more common than the written word?

Design Patent 52

Design Patent Designs Design Patent 52

LexBlog IP

OCTOBER 25, 2022

How should the USPTO facilitate an applicant’s submission of prior art that is not accessible in the Patents End-to-End Search system ( g., “on sale” or prior public use)? 112, and whether the claims do not cover the same invention as a related application? Would a benchmark ( g.,

Invention 52

Invention Patent Prosecution Art Patent 52

SpicyIP

JANUARY 5, 2024

According to the NIST, the US govt invests approximately $115 billion in R&D through various universities, non-profits, and businesses. March-in rights are provisions that allow the government to require a license for inventions stemming from this investment, upon the fulfilment of certain conditions.

Invention 69

Invention Government Intellectual Property IP 69

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The parties are currently engaged in supplemental expert discovery on Hospira and Pfizer’s on-sale bar and public use defenses, and the court has resolved two discovery disputes this year stemming from these issues. 9,643,997, which is directed to protein purification. A jury trial is scheduled for May 17, 2021. Hospira , 944 F.3d

Settlement 52

Settlement Litigation Marketing Marketing 52

43(B)log

AUGUST 12, 2022

A: didn’t analyze interview data through that lens, but anecdotally they seemed to take each collaboration as they came and justified whatever practice they were using in each situation. Docudrama is a popular genre dating to the early 20 th century. Mike Tyson was furious when Hulu made an unauthorized biopic: you have stolen my life rights.

IP 72

IP Public Domain Music Copyright 72